May 20, 2018
City attorney office admits receipt of March 4 2018 damage claim
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DATE: Friday, May 11, 2018 9:24 AM
The Lynching of Blacks is Unlawful
The participation in deprivation of fair housing and housing services by city employees is unlawful
Racism and retaliation by city employees against Blacks is Unlawful
I have received a letter from City Attorney Mike Feuer’s office, signed by Deputy City Attorney Deborah Breiuthaupt. Attached to the letter is a copy of a document that is entitled “Claim for Damages to Person or Property” signed by me with proof of service and served on Los Angeles Mayor and Council, City Clerk’s office, DFEH, LAHCID, LADBS, at official addresses.
The claim for damages is 22 pages long including the proof of service. I quote from part of the claim:
“This damage claim is against the state of California Department of Fair Employment and Housing, the State of California, the city government of Los Angeles, city Los Angeles code enforcement, city Los Angeles LADBS, city Los Angeles rent stabilization department and HCIDLA. This claim requests damages as stated herein, and as individuals against every State employee, every city employee, without limitation as to station or department, for ……[amount redacted] ….against each individual employee, whether named herein or not. This complaint concerns the deprivation of housing services intercom and tandem parking stall.”
CC “52. (a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.”
City Breithaupt letter says its not unlawful to ignore the health and safety of white tenants
The Breithaupt April 20, 2018 letter claims “we cannot find that the city has done anything unlawful”. The letter also claims the complaint was never received by the City Clerk’s office. The letter fails to assign a claim number stating “none file with city clerk”.
I disagree with the assertions in the April 20 letter. The government agency USPS verified that the claim for damages was delivered to the front desk/reception of the City Clerk at 12:42 pm on March 6, 2018; tracking number 9505 5000 1177 8064 0000 48. You yourself attached a copy of the claim to your letter, so obviously you have the copy that says served on the City clerk. The Lynching of Blacks is Unlawful; The participation in deprivation of fair housing and housing services by city employees is unlawful; Racism and retaliation by city employees against Blacks is Unlawful. You appear to be denying a claim that you claim you did not receive a copy of and did not assign a claim number; by what taxpayer procedure can you deny a claim that you say you never received and never assigned a claim number? Your denial of the claim is unacceptable as a resolution to the damages that are continuing.
Garcetti’s Goons claim to have denied a claim they say they did not receive
I anticipate a new claim for damages will be filed against city employee Alejandro Viramontes and city government of Los Angeles. I will also be requesting a closed door session with the City Council.
All rights reserved.
1522 Hi Point St 9
Los Angeles CA 90035
CC: State Bar for the revocation of license complaint against Deborah Breiuthaupt
Garcetti -Breiuthaupt Letter Gives Ok to Unlawful Discrimination at Hi Point Apts
[Commentary: The April 20, 2018 letter of Garcetti’s Breithaupt is contradicted by the city’s court filed papers in 2016 [case CV16 -03236 JLS (AJW) ] where the city government admitted as true the following violations of law:
Health and Safety Code 17920-17928; California Government Code sections 12955-12956.2 Housing Discrimination; CC 51,52 Unruh Act and Unlawful Retaliation ;CC 51,52 Conspiracy to Interfere with Civil Rights ;GC 12940(h) Retaliation; CC 1942.3 Breach of Implied Warranty of Habitability; BC 17200-17210 False and Deceptive Business Practices; Accounting/Co-Mingling of Funds; Consumer Fraud; Fraudulent Omission; CC section 1940.4 Tenant Posting of Signs; CC section 1714(a) Negligence ;CC section 1740 Negligent Infliction of Emotional Distress; LAMC sections 151-155 Los Angeles Rent Control Ordinance; Breach of Contract Rental Agreement; CC 41.33 Implied Covenant Quiet Enjoyment; Breach of the Covenant of Good Faith and Fair Dealing; Violation of Mandatory Duties Under GC 815.6 CC 1942.5 Retaliation for Exercising Rights; Failure to Act in a Reasonable Manner.
Tenants reimburse the landlord for the city SCEP fee and unit registration fee but still the intercom system is not fully operational after four years—maintenance denied. But the city Los Angeles government claims there is nothing “unlawful” about this. Numerous Black tenants vacated but never received the city THP application; numerous new tenants moved into units across the city and were illegally charged rent increases, made illegal by the lack of THP’s; the city government claims it did nothing “unlawful” in telling landlords not to serve the THP and telling landlords of such units to illegally increase the rents. Tenants pay rent at 1522 Hi Point St even though maintenance is denied. Garcetti calls this “fair housing”, so fair to who? The prejudiced landlords?
Failure to serve a 30 day notice of rent increase prohibits the landlord from increasing the rent; a less than 30 days notice to the date of the increase is unlawful. A notice of rent increase can only be served once every twelve months.